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An easement is the right to use the real property of another for a specific purpose. The easement is itself a real property interest, but legal title to the underlying land is retained by the original owner for all other purposes. Easements can be conveyed from one individual to another by will, deed, or contract and can be inherited.

An easement is a non possessory interest in another's land that entitles the holder only to the right to use such land in the specified manner. An easement appurtenant attaches to the land permanently and benefits its owner. In order for it to exist, there must be two pieces of land owned by different individuals. One piece, the dominant estate or tenement, is the land that is benefited by the easement. The other piece, known as the servient estate, is the land that has the burden of the easement.

Easements frequently arise among owners of adjoining parcels of land. Common examples of easements include the right of a property owner who has no street front to use a particular segment of a neighbor's land to gain access to the road or for a city to run a sewer line across a strip of an owner's land, which is frequently called a right of way. Easements may be specifically described by definite boundaries within the parcel or indefinite boundaries or just for a specific purpose (property access).

There is also a "negative easement" such as a prohibition against building a structure which blocks a view. Title reports and title abstracts will usually describe all existing easements upon a parcel of real property.

An easement in gross is not attached to any estate in land. It arises when a servient parcel exists without a dominant parcel. This easement is usually personal to the holder and not connected to the land. For example, if A has a number of trees on his property and contracts with B to remove timber, B has an easement in gross.

 Easements are categorized as being either affirmative or negative. An affirmative easement entitles the holder to do something on another individual's land, whereas a negative easement divests an owner of the right to do something on his own property. For example, the owner A might enter into an agreement with owner B of an adjoining piece of land not to build a high structure that would obstruct the light and air of owner B. This easement of light and air deprives property owner A from enjoying ownership rights in his land to the fullest possible extent and is labeled a negative easement.

An easement by implication occurs when the owner of a piece of land divides such land into smaller pieces and sells a smaller piece to another person, retaining a right to enter such piece of land. For example, a seller divides his or her property and sells half to a purchaser. The piece that the purchaser buys has a sewer pipe beneath it that serves both pieces of property. The seller has an implied easement to use the sewer pipe that runs under the purchaser's land.

An easement by prescription arises through an individual's use of another's land. An easement of this nature will be recognized in these instances: 1) the easement is adverse or contrary to the interests of and absent the permission of the owner; 2) it is open and notorious; 3) it is continuous and uninterrupted; and 4) it exists for the period of time prescribed by state statute.

An easement can be terminated through the expiration of its term or by one of several events subsequent to creation. Events that can extinguish an easement include these: 1) the same individual becoming the owner of the dominant as well as the servient estate when an appurtenant easement existed; 2) the owner of an easement in gross obtaining ownership of the servient estate; 3) the owner of the dominant parcel executing a deed or will releasing the easement in favor of the owner of the servient estate and 4) the abandonment of an easement.